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South Broward Hospital District v. State, Agency for Health Care Administration

Citations: 661 So. 2d 1279; 1995 Fla. App. LEXIS 11319Docket: No. 94-4137

Court: District Court of Appeal of Florida; October 27, 1995; Florida; State Appellate Court

Narrative Opinion Summary

The final order of the Agency for Health Care Administration denying South Broward Hospital District’s modification of Certificate of Need no. 4019 is affirmed. South Broward sought to increase the number of acute care beds at its facility, which would classify the project as subject to certificate of need review under section 408.036(1)(e), Florida Statutes. As a result, the modification could not be approved in a modification proceeding according to rule 590-1.019(1), Florida Administrative Code. Judges Barfield and Allen concur with the decision.

Legal Issues Addressed

Certificate of Need Review under Section 408.036(1)(e), Florida Statutes

Application: The increase in acute care beds at South Broward Hospital District's facility requires a certificate of need review, classifying the project under the statutory provisions.

Reasoning: South Broward sought to increase the number of acute care beds at its facility, which would classify the project as subject to certificate of need review under section 408.036(1)(e), Florida Statutes.

Modification Proceedings under Rule 590-1.019(1), Florida Administrative Code

Application: The request to modify the certificate of need by South Broward Hospital District could not be approved because it did not comply with the limitations of the modification proceedings as per the relevant administrative rule.

Reasoning: As a result, the modification could not be approved in a modification proceeding according to rule 590-1.019(1), Florida Administrative Code.